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Fortuna planning commission recommends Council adopt ADU rule changes to align with state law
Summary
The City of Fortuna Planning Commission voted to adopt a resolution recommending the City Council repeal and replace local accessory dwelling unit regulations so Fortuna's zoning aligns with recent state ADU law; staff said HCD reviews and can require jurisdictions to update noncompliant ADU ordinances.
The City of Fortuna Planning Commission voted to adopt Resolution P2026-3142, recommending that the City Council amend Title 17 of the municipal code to update the city's accessory dwelling unit (ADU) regulations to comply with changes in state law.
Michelle Nielsen, a contract planner assisting the city, presented the item and described the proposal as a repeal-and-replace of the city's ADU chapter so the local text directly references the relevant sections of the California Government Code. Nielsen said the Department of Housing and Community Development (HCD) has increased its authority to review local ADU ordinances and has been sending letters of technical assistance to jurisdictions with older ordinances; she said HCD may require jurisdictions to adopt updated language to avoid enforcement or denial risk. Nielsen said the staff recommendation was to open the public hearing, take comment, and adopt the resolution recommending the City Council adopt the ordinance changes.
Commissioners asked whether private covenants (CC&Rs) that restrict secondary units remain enforceable after state law changes; one commissioner said, "My understanding is Newsom changed the law on that." Nielsen replied that those CC&Rs are not valid to override state ADU law and that HCD is proactively reviewing local ordinances. Building official Gary clarified technical permitting issues and said that legalizing unpermitted units today generally requires bringing those structures into compliance with current building-code standards.
No public speakers addressed the commission during the hearing. A commissioner moved to adopt Resolution P2026-3142; the motion was seconded and carried in a roll-call vote with the participating commissioners recorded as voting yes. The resolution finds the proposed amendments are exempt from the California Environmental Quality Act (CEQA) and consistent with the city's general plan and zoning code, and it directs the City Council to consider the proposed text amendments.
The commission's action sends the recommended ordinance text to the City Council for final consideration.
